HomeMy WebLinkAbout1997-06-16 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 16, 1997
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The Commission of the City of Bozeman met in regular session in the Commission Room,
. Municipal Building, June 16, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City
Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - May 12. May 27. June 4 and June 6. 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
minutes of the meetings of May 12, May 27, June 4 and June 6, 1997, be approved as
. submitted. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Stueck; those voting No, none.
Mayor Stueck deferred action on the minutes of the meetings of May 19, June 2, June
9, and June 12, 1997, to a later date.
Preliminary plat review. West Babcock Manufactured Home Court - subdivide 20.1542 acres
located in the SW%. Section 11. T2S. R5E, MPM. into 92 manufactured home spaces;
variance from Section 16.12.040.E.. to allow dead end private street with no cul-de-sac (south
side of 2700 block of West Babcock Street) - Gene Cook (P.9723)
This was the time and place set for review of the preliminary plat for West Babcock
Manufactured Home Court, as requested by Gene Cook under Application No. P-9723, to
. subdivide 20.1542 acres located in the Southwest One-Quarter of Section 11, Township 2
South, Range 5 East, Montana Principal Meridian, into 92 manufactured home spaces. In
conjunction with this preliminary plat, the applicant is also seeking a variance from Section
16.12.040.E., to allow a dead end private street with no cul-de-sac. The subject property is
located along the south side of the 2700 block of West Babcock Street.
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Acting City Manager Brey noted that, included in the Commissioners' packets, was a
letter from Mr. Gene Cook, applicant, dated June 12, requesting that this review be continued
until July 21 so he may be present at the meeting. The letter also granted an extension to the
60-day review period to accommodate the requested delay.
City Attorney Luwe reminded the Commission that the City-County Planning Board has
. been designated as the body which will conduct the public hearings on preliminary plats and
that the Commission's decision is based on the testimony and record from the Planning Board's
hearing and the recommendation forwarded by the Planning Board. He then stated that Mr.
Mike Lilly, attorney representing Mr. Anson Crutcher, has voiced his frustration over the
determination that public comment will not be accepted by the Commission, particularly since
his client has flown into Bozeman to be present at this meeting.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the applicant's request and delay this item until July 21.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
. Stueck; those voting No, none.
Preliminary plat review - amended plat for Parkway Plaza - to aaaregate Lots 1 A and 1 B. Block
4. to create a lot for multi-family use and to alter the use and Duroose notes to reduce the
number of townhouse lots and increase the number of multi-family lots (northwest corner of
Prairie Avenue and Fallon Street) - Lonny Walker for Robert Nelson (P-9724)
This was the time and place set for review of the amended preliminary plat for Parkway
Plaza, as requested by Lonny Walker for Robert Nelson under Application No. P-9724, to
aggregate Lots 1 A and 1 B, Block 4, to create a lot for multi-family use, and to alter the use and
purpose notes to reduce the number of townhouse lots and increase the number of multi-family
lots. The subject property is more commonly located at the northwest corner of Prairie Avenue
and Fallon Street.
. Assistant Planning Director Debbie Arkell presented the staff report. She stated that
under the original application, 60 townhouse lots for 30 duplex units, 2 "R-4" lots for
apartments, 6 commercial lots and common open space were created through a planned unit
development. She noted that Lots 1 A and 1 B, Block 4, contain 11,947 square feet, which is
approximately 3,700 square feet larger than the other corner lots within the subdivision. She
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noted that, while the property is zoned "R-4", Residential--High-density, the subdivision plat
restricts development on the townhouse lots to duplexes. She stated that under the zone code,
3,000 square feet of lot area is required per unit, which means the lot is 53 square feet shy of
being able to accommodate a four-plex. She then stated that if this request to aggregate the
lots is approved, a change in the use and purpose notes on the plat will also be required to
. accommodate the change.
The Assistant Planning Director noted that a 3/4-inch water line and a sewer line have
been stubbed to each townhouse lot, as required by the City. She noted that a 3/4-inch water
line is large enough to serve a single-family residence or a duplex and could possibly serve a
three-plex with a minimal number of water-using devices; however, she stated that it could not
serve a four-plex. She then stated that conversations with the Water and Sewer
Superintendent reveal that if the lot line were left in place and the lots not aggregated, a tri-plex
could be constructed with a zero lot line and a duplex on one lot and single unit on the other
lot. She noted that under this scenario, the duplex portion would be like a condominium with
one water and sewer service to that portion of the structure, and the single unit would have
. its own water and sewer service lines. She indicated that another alternative is to install a
larger service line, which would require cutting a street which is less than one year old, and
that is in violation of the street cut policy.
Assistant Planning Director Arkell stated that neither the applicant nor the property owner
intends to develop the subject lot; the request is being made for marketing reasons because of
the size of the lot.
The Assistant Planning Director stated that the City-County Planning Board conducted
its public hearing on this application at its June 3 meeting. She stated that at that time, no
public testimony was received. Following its public hearing and consideration of the six review
criteria and the staff's findings, which are contained in the staff report previously distributed
to the Commission, the Board concurred in staff's recommendation for approval, subject to two
. conditions.
Mr. Lonny Walker, applicant, characterized the large lot as an oversight during the
platting process. He stated that, after listening to the discussions with the Water and Sewer
Superintendent, he feels that either aggregating the lots or not aggregating the lots would be
acceptable since a tri-plex could be constructed in either situation.
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Responding to questions from Mayor Stueck, Assistant Planning Director Arkell confirmed
that a tri-plex can be constructed if the use and purpose notes are revised, whether the lots are
aggregated or not. She cautioned that if the lots are aggregated and a single 3/4-inch water
line serves the building, washers and dryers and dishwashers will probably not be allowed
because there will not be adequate water for all the appliances.
. Following a brief discussion, the Commissioners concurred it would be appropriate to
allow the lot line to remain, with a tri-plex unit being constructed with zero lot lines, which will
allow the two water and sewer services to be used.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission not approve the aggregating of Lots 1 A and 1 B, Block 4, and approve the
amended preliminary plat for Parkway Plaza, requested by Lonny Walker for Robert Nelson
under Application No. P-9724, to modify the use and purpose notes to reduce the number of
townhouse lots and increase the number of multi-family lots, subject to the following
conditions:
1. The final plat shall conform to all requirements of the Bozeman Area
. Subdivision Regulations and the Uniform Standards for final subdivision
plats, shall contain all required certificates, existing easements and
corrected notes, as well as a note regarding the purpose of the amended
plat. Two cloth back (or equivalent), two mylar and a digital copy of the plat
must be submitted for final plat review, along with a Platting Certificate.
2. The final plat shall contain a note that Lot 1, Block 4, is restricted to the
maximum of a tri-plex due to the existing 3/4-inch water service line size.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
Conditional Use Permit - allow construction of new GAOO-sauare-toot building tor automobile
towina and service uses with outside vehicle storage area on the south 35 feet of Lot 12 and
Lots 13-18. Block 2. Durston's Second Addition - Terrv Morrison for Mr. T's Towing & Service
(723 West Aseen Street) (Z-9735)
. This was the time and place set for review of the Conditional Use Permit, as requested
by Terry Morrison for Mr. T's Towing & Service under Application No. Z-9735, to allow
construction of a new 6,400-square-foot building for automobile towing and service uses with
outside vehicle storage area on the south 35 feet of Lot 12 and Lots 13 through 18, Block 2,
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Durston's Second Addition. The subject property is more commonly known as 723 West
Aspen Street.
Assistant Planner Jody Olsen presented the staff report. She stated that the subject
property is located in a "B-2", Community Business District, and automobile repair facilities and
automobile service facilities are listed as conditional uses in this district. She noted that the
. subject site is 61,100 square feet in size, and the proposed building will cover 10.5 percent
of it.
The Assistant Planner reviewed the surrounding land uses, which include developed
commercial land and vacant residentially zoned property.
The Assistant Planner stated that, since the subject property lies within the North 7th
Avenue entryway corridor, this application has been reviewed by the Development Review
Committee and the Design Review Board. Also, the City-County Planning Board conducted its
public hearing on this application at its June 3 meeting. Following review of the six criteria for
considering conditional use permits and the staff's comprehensive findings, which are contained
in the written staff report previously distributed, the Planning Board concurred in staff's
. recommendation for approval, subject to eleven conditions. She briefly highlighted some of
those conditions for approval pertaining to screening, sidewalks and the manhole in the alley.
Mrs. Morrison, representing Mr. T's Towing & Service, indicated her concurrence with
the staff report as presented and noted she would be willing to respond to questions.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Conditional Use Permit, as requested by Terry Morrison for Mr.
T's Towing & Service under Application No. Z-9735, to allow construction of a new 6,400-
square-foot building for automobile towing and service uses with outside vehicle storage area
on the south 35 feet of Lot 12 and Lots 13 through 18, Block 2, Durston's Second Addition,
subject to the following conditions:
1. Any mechanical and/or ventilation equipment, as well as a detail for the
. screening for this equipment, shall be shown on the final site plan. Any
proposed screening will be reviewed by Administrative Design Review staff.
2. A sidewalk must be installed along the front of parking spaces 1 through 10
to provide pedestrian access to the main entrance. The sidewalk may be
located in the required rear yard. The sidewalk shall be three (3) feet wide,
unless the sidewalk curb serves as wheel stop, in which case the sidewalk
must be five (5) feet wide.
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3. The correct lot dimensions for the site, as established by the Gallatin County
Clerk and Recorders Office, shall be shown on the final site plan. The final
site plan should also reflect any necessary adjustments.
4. The final site plan shall show the location of any bollards and security
chains to be used for the drive accesses.
5. If the concrete aisle that runs along the west edge of the disabled accessible
. parking space is intended to be used for accessibility purposes, a curb drop
and ramp shall be installed and the bike rack shall be relocated on the site.
6. The correct location of all fire hydrants, within 500 feet of the subject site,
shall be shown on the final site plan.
7. If a fire service line is proposed, an accurate and dimensioned detail of the
fire service riser location inside of the building shall be shown on the final
site plan and approved by the Superintendent of the Water Department.
Plans and specifications shall be submitted in accordance with the City of
Bozeman Fire Line Standard. Plans and specifications for any fire service
line must be prepared in accordance with the City's Fire Service Line Policy
by a professional engineer (PE), and be provided to and approved by the
City Engineer prior to initiation of construction of the fire service or fire
protection system. The applicant shall also provide professional engineering
services for construction inspection, post-construction certification, and
preparation of mylar record drawings.
8. An accurate, dimensioned detail of the domestic water meter location on the
inside of the building shall be shown on the final site plan and be approved
by the Superintendent of the Water Department.
. 9. If any grading work is done in the City right-of-way in the alley, the manhole
shall be adjusted to match the finished grade.
10. Regarding stormwater calculations the following must be revised/clarified:
1) in the plan and specification submittal, submitted by Kerin & Associates
on 28 February 1997, a post-development run-off coefficient of 0.74 was
used in the stormwater retention pond calculations on Sheet S2 and a run-
off coefficient of 0.95 was used in the street drainage calculations on
Aspen Street and 8th Avenue; and 2) the post-development peak volume
must be retained versus the referenced difference in (post development)-
(pre-development), for the proposed retention ponds.
11. City standard sidewalks shall be installed and properly depicted at the
standard location (i.e., one [1] foot off the property line) along the street
frontages of West Aspen Street and North 8th Avenue. Any deviation to
the standard alignment or location must be approved by the City Engineer.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor
. Stueck; those voting No, none.
Reauest for variance to allow street cut for lot 27. Babcock Meadows Subdivision. Phase 1-
Chuck Graden. Beehive Homes
Included in the Commissioners' packets were a letter from Chuck Graden, President of
Beehive Homes, dated June 2, requesting authorization for a street cut for lot 27, Babcock
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Meadows Subdivision, Phase I, and a memo from Director of Public Service Phill Forbes, dated
June 10, forwarding the staff's response to the request.
Mr. Chuck Graden, applicant, stated that after discussions with City staff, it appears that
a 1}4 -inch line with a 1-inch meter would adequately serve an elder care facility, with its
substantial number of half baths. He noted that the only way to install this new line is to
. obtain authorization for a street cut.
Responding to Mayor Stueck, Mr. Graden stated that ownership of the Main Mall is
currently in transition. He noted that the current owners have indicated no interest in working
with him to extend water and sewer services from their property to his site. He then indicated
that, because of the timeframe for his project, he does not have time to wait for the transfer
of ownership to be completed and then talk to the new owners about the possibility of
extending water and sewer services to his property.
Commissioner Rudberg noted that the City requires all infrastructure to be in place prior
to development of a parcel. She also recognized that this subdivision was originally platted for
single-family residential development, and that is the basis upon which the infrastructure was
. installed. She then forwarded her support for this request.
Further responding to Mayor Stueck, Mr. Graden confirmed that the street cut would be
to the center of the road.
Commissioner Youngman noted that maintaining the integrity of a new street is one of
the primary reasons for the existing policy. She then asked if the City may incur increased
maintenance costs because of this street cut.
City Attorney Luwe noted that Assistant Planning Director Arkell has indicated that in
the past, under subdivision applications, the City has required a cash bond, to be in effect for
two years, for extraordinary street repair costs resulting from a street cut. He noted this bond
would be based on a specified amount per square foot, as determined by the Director of Public
Service and, after two years, the Street Department checks the street and if it is in good shape,
. the bond is returned.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the request for a variance to allow a street cut for Lot 27, Babcock
Meadows Subdivision, as requested by Chuck Graden, Beehive Homes, subject to the condition
that the applicant post a cash bond to cover any extraordinary maintenance costs for a period
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of two years, in an amount determined by the Director of Public Service. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
. Staff reDort on recommended conditions for extension of City sewer service to the Fort Ellis
leisure Community
Acting City Manager Brey noted that, included in the Commissioners' packets, was a
memo from staff, dated June 10, forwarding staff's responses to Nadia Beiser's proposed
conditions for allowing extension of the City sewer services to the Fort Ellis leisure
Community. He stated that, distributed just prior to the meeting, was a letter from Nadia
Beiser, Planned Development, Inc., dated June 14, requesting that the Commission delay action
on this item until mid- to late-July to allow their consulting engineers an opportunity to review
the new wastewater facilities plan and the staff responses.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission table consideration of and action on the staff responses to the proposed
. conditions, as requested by Planned Development, Inc. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Reauest to close Main Street on Sunday. June 29. for Derformance bv MSU ShakesDeare in the
Parks - Downtown Bozeman Association
Acting City Manager Brey stated that, included in the Commissioners' packets, was a
letter from Bert Hopeman, President of the Downtown Bozeman Association (DBA), requesting
that the City assist the DBA in seeking permission from the Montana Department of
Transportation to close Main Street on Sunday, June 29, for a performance by Shakespeare
in the Park.
. Mayor Stueck noted that the Montana Department of Transportation is adamantly
opposed to the closure of Main Street, not just for this event but for any event, because of the
negative impact it has on traffic patterns. He then stated that Mr. Rob Buckvich, from the local
Montana Department of Transportation office, has indicated an interest in meeting with
representatives from the Downtown Bozeman Association and the City of Bozeman to discuss
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this issue and to possibly reach an agreement that is acceptable to everyone involved. He
recognized that the Montana Department of Transportation controls Main Street and the final
decision is theirs. He noted that, through cooperation, it should be possible to retain annual
street closings which have been previously approved.
Commissioner Frost stated he would like to support the Downtown Bozeman Association
. on this request, particularly since he recognizes the importance it could have in maintaining the
economic viability of the downtown area. He noted that, in the alternative, he will support the
proposal for the City and the Downtown Bozeman Association to meet with the Montana
Department of Transportation to address this issue on an overall basis, rather than on an event
specific basis.
Mayor Stueck noted it appears that former City Manager Jim Wysocki had reached an
agreement with the Montana Department of Transportation for a certain number of closures
each year. He cautioned that agreement was very fragile and stressed the importance of
cooperation. He then stated that, while he generally agrees with the comments forwarded by
the Downtown Bozeman Association and recognizes that a Sunday evening closure would have
. minimal impact, he feels that working with the Montana Department of Transportation is more
important to the community as a whole than supporting this single request.
Commissioner Frost suggested that the Commission, or the Mayor on behalf of the
Commission, write a letter to the Montana Department of Transportation encouraging them to
hold a meeting with representatives of the City of Bozeman and the Downtown Bozeman
Association.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission deny the request from the Downtown Bozeman Association for closure of Main
Street on Sunday, June 29, for a performance by MSU Shakespeare in the Parks, and authorize
and direct the Mayor to send a letter to the Montana Department of Transportation encouraging
them to hold a meeting with representatives of the City of Bozeman and the Downtown
. Bozeman Association to discuss future closures of Main Street which would be acceptable to
all parties. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
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Appointments to (A) Beautification Advisorv Board. (B) CDBG Economic Development Loan
Review Committee. (C) Community Affordable Housing Advisorv Board. (D) Design Review
Board. (E) Downtown Bozeman Improvement District Board. (F) Historic Preservation Advisorv
Board. (G) Library Board of Trustees. (H) Parkina Commission. (I) TIFID and (J) Tree Advisorv
Board
(A) Beautification Advisory Board
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
. the Commission reappoint Dora Anderson and Claudia Foster to the Beautification Advisory
Board, with three-year terms to expire on June 30, 2000. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
(B) CDBG Economic Development Loan Review Committee
There were no applications for this vacancy.
(C) Community Affordable Housing Advisory Board
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission reappoint Peg Biekert as the City Finance Department representative and reappoint
Susan Gallaher as the real estate finance representative, with three-year terms to expire on
. June 30, 2000, and reappoint Tom Simkins as the construction industry representative, with
a term to expire on June 30, 1999, on the Community Affordable Housing Advisory Board.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Stiff, Commissioner Youngman and Mayor
Stueck; those voting No, none.
(D) Design Review Board
Mayor Stueck requested that the vacancies on the Design Review Board be readvertised.
He recognized the importance of this board and stated he feels that having more applications
from which to choose would be beneficial to everyone, particularly in light of Cliff Chisholm's
resignation.
Commissioner Rudberg stated she feels this board is so important that it would be
. beneficial to invite the applicants in to make sure they are aware of the mission and
responsibility of the board. She also noted that this board takes a significant amount of time,
and noted that she wants to make sure the applicants are aware of that before being
appointed.
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(E) Downtown Bozeman Improvement District Board
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the
Commission reappoint Wayne Gibson as a non~voting member and Kathy Rinker as a voting
member, and appoint Robyn Erlenbush to replace Steve Clawson as a non-voting member on
the Downtown Bozeman Improvement District Board, with four-year terms to expire on June
. 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner Frost and
Mayor Stueck; those voting No, none.
(F) Historic Preservation Advisory Board
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission reappoint Mara-Gai Katz, Jayne Ellyn Scott, Richard M. Shanahan and James G.
Webster and appoint John DeHaas to replace Catherine Goetz as a professional member, and
appoint Rob Pertzborn to replace Lee Hietala as an at-large member on the Historic Preservation
Advisory Board, with two-year terms to expire on June 30, 1999. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
. Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No,
none.
(G) library Board of Trustees
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission appoint Susan "Tutti" Skaar to replace Helen Kerr on the Library Board of
Trustees, with a five-year term to expire on June 30, 2002. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
(H) Parking Commission
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission reappoint Larry Bowman and Bruce D. McCallum to the Parking Commission, with
. four-year terms to expire on June 30, 2001. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
(I) TIFID
There were no applications for this vacancy.
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(J) Tree Advisory Board
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission reappoint Anne Foster and Steve Gullickson to the Tree Advisory Board, with two~
year terms to expire on June 30, 1999. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg,
. Commissioner Stiff and Mayor Stueck; those voting No, none.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
(1 ) Note from Peter Angstadt, Pocatello, Idaho, thanking the Commission for
interviewing him for the position of City Manager.
(2) Letter from Habitat for Humanity of Gallatin Valley, dated June 9, thanking the
Commission for waiving the building permit fees for their new home on North 24th Avenue.
(3) Tabulation of the Police Department costs for the Pride! parade and other activities
. held in Bozeman last weekend.
(4) Memo submitted by Mr. Richard Wilkins forwarding information on ferrets, for
consideration when revising the proposed animal control ordinance.
(5) Letter from Lou Raisler, 578 Concord Drive, dated June 10, stating support for
business signs at Little League baseball field.
(6) Copy of a letter from the Department of Public Health and Human Services to
Career Transitions, dated May 30/ regarding the former JOBS program in Gallatin County.
(7) Copy of a letter from Engineering Assistant Andy Kerr to property owners along
South Tracy Avenue announcing the City's intent to establish a 15-minute parking zone on the
west side of South Tracy A venue from the corner of Babcock Street south to the alley.
(8) Copy of a letter from Engineering Assistant Andy Kerr to property owners notifying
. them of the intent to restrict parking on South Tracy Avenue for 10 feet south of the approach
to the post office loading ramp.
(9) Letter from Deputy County Attorney Susan Swimley, dated June 9, asking for
information from City staff regarding the West Babcock Street right-of-way.
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(10) Letter of thanks from the Odyssey of the Mind teams that were recognized at the
June 2 Commission meeting.
(11 ) Letter from Dick Rusch, Commander of American Legion Post No. 14, dated June
1, thanking Cemetery Superintendent John McNeil and his crews for their maintenance and
assistance in preparation for the Memorial Day activities.
. (12) Letter from Mr. Jim Paffhausen, dated June 11, regarding the signs around the
little league field at West Babcock Park.
(13) Letter from Williams Plumbing and Heating, dated June 6, asking that the City
issue a building permit for the Hampton Inn despite problems with installation of the water and
sewer lines.
(14) Letter from Kris Ellingsen and David Quammen, 414 South 3rd Avenue, dated June
7, in opposition to the proposed chain link fence around the cemetery.
( 15) Letter from Richard Barr, Mayor of Ennis and professional arborist, dated June 4,
encouraging the City to retain its forestry division instead of contracting out all of its tree
trimming needs.
. (16) Memo from City Engineer Craig Brawner, dated May 23, forwarding staff
comments regarding the request from Rae Water and Sewer District for extension of City sewer
service to the district.
(17) Petition from approximately ninety residents of the South Third Avenue, South
Grand Avenue, West Koch Street and West Story Street neighborhood requesting that the City
adopt a "good neighbor law" ordinance.
( 18) Minutes for the Historic Preservation Advisory Board meeting held on May 20,
1997.
(19) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
June 17, at the Gallatin County Courthouse.
(20) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
. on Tuesday, June 17, in the Commission Room.
(21 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, June 17, in the Commission Room.
(22) The Acting City Manager submitted his weekly report, as follows: (1) Reminded
the Commission that work sessions are scheduled for 6:00 p.m. on Tuesday and Thursday to
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continue review of the proposed budget. (2) Attended the District 10 meeting of the Montana
League of Cities and Towns last week. (3) Attended the Parking Commission meeting on
Thursday morning. (4) Attended a meeting with Fire Chief Aaron Holst and representatives
from the County regarding funding for HazMat activities. (5) Met with representatives from the
performing arts center. (6) Attended a meeting with the County to discuss the eastward
. extension of Oak Street. (7) Reviewed the agenda for the work session for next week's
Commission meeting.
(23) Commissioner Frost stated he was a member on a panel which spoke on a PBS
program regarding the impacts of the SB195 taxation bill.
(22) Commissioner Youngman stated that she is involved in the completion of the hiring
process for a new City Manager as well as a new Library Director.
(23) Commissioner Rudberg stated she will be out of town for the remainder of the
week and, therefore, will not be in attendance at the budget meetings.
(24) City Attorney Luwe submitted the following. (1) Attended the MMIA Board
meeting in Helena on Friday. (2) Stated that the City currently has adequate authority to
. address the issues raised in the petition for a "good neighbor law".
(25) Mayor Stueck submitted the following. (1) Welcomed a group of people to deal
with autistic children. He noted that many different groups seem to be holding meetings in
Bozeman, and he is willing to welcome them when asked to do so. (2) Stated that he feels the
Commission should bear the responsibility for making a decision on the signs at the Little
League baseball field rather than asking the Recreation and Parks Advisory Board to provide
input.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Proclamation - "Shakesceare in the Parks Week" - June 19-29. 1997
. Acknowledge receict of staff recort - annexation of 160:t acres located in the
NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and
Baxter Lane. immediately west of Rose Park) (Gateway Limited Partners
Annexation) (A-9705)
Commission Resolution No. 3184 - intent to annex 160:t acres located in the
NW%. Section 2. T2S. R5E. MPM (between West Oak Street extended and
Baxter Lane. immediately west of Rose Park): set Dublic hearina for July 21.
1997 (A-9705)
06-16-97
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COMMISSION RESOLUTION NO. 3184
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN,
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS
THEREOF.
. Acknowledae receiDt of staff reDort - annexation of 148.05-acres located in the
SW%. Section 2. T2S. R5E. MPM. exceDting the W%. W%. NW%. SW%.
and the W%. W%. SW%. SW% (along the north side of Durston Road.
immediately west of Annie Subdivision) (Gateway Partners Annexation
(A-9704)
Commission Resolution No. 3185 - intent to annex 148.05-acres located in the
SW%. Section 2. T2S. R5E. MPM. exceDtina the W%. W%. NW%. SW%
and the W%. W%. SW%. SW% (along the north side of Durston Road.
immediately west of Annie Subdivision); set Dublic hearing for July 21.
1997 (A-9704)
COMMISSION RESOLUTION NO. 3185
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN.
THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS
TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS
. THEREOF.
Commission Resolution No. 3186 - certifYing semi-annual assessments delinauent
as of May 31. 1997. to the County
COMMISSION RESOLUTION NO. 3186
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS
DUE AND PAYABLE MAY 31,1997, AND UNPAID AS OF 5:00 P.M. ON JUNE 2.
1997, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE
ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE
BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO
CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION.
Commission Resolution No. 3187 - authorizina the Durchase of road oil and sundry
construction materials from the Montana DeDartment of TransDortation
during Fiscal Year 1997-1998 on an as needed basis
COMMISSION RESOLUTION NO. 3187
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE PURCHASE OF ROAD OIL AND SUNDRY
CONSTRUCTION MATERIALS FROM THE MONTANA
DEPARTMENT OF
TRANSPORTATION DURING FISCAL YEAR 1997-1998 ON AN AS NEEDED
BASIS.
Authorize Actina City Manager to sian ~ Public Access and Utilities Easement -
Steve McGouah . two striDs of varyina width and aDDroximately 1600 feet
in length for sanitary sewer and water main to serve Wheeler Mobile Home
Park (north side of 2800 block of West Babcock Street)
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Authorize Actina City Manaaer to sian - Sewer PiDeline and Access Easement and
Agreement - Gallatin Center Limited Partnershic - 30-foot-wide easement
across Tracts C-2 and D-1. COS No. 1827. located in the NE%. Section 35.
T1 S. R5E. MPM (between 1-90 ramD and Vallev Center Road)
Authorize Acting City Manager to sign - Sanitary Sewer. Water PiDeline and
Access Easement Agreement - Carl Tanae. Jr. and Helen S. Tange Inter
Vivos Trust Agreement. Cynthia Tanae Schwartztrauber. Christian Curtis
. Tange. the L&C Lusvardi Trust - Block 3. Tanae's Subdivision (HamDton Inn)
Authorize installation of air sDargina system at Bozeman Solvent Site and lining of
Walton Ditch adiacent to Buttrev's Shopping Center durina uDcoming fiscal
year
Acknowledge receipt of aDDlication for annexation - Tablerock Ventures. Inc.. for
David and Thelma Manlev - 89:t acres beina a Dortion of Film 50. Paae
177. located in the E%. NE% and the SE%. Section 36. T1S. R5E. MPM
(along west side of Manlev Road. extendina north from Griffin Drive); refer
to staff
Authorize writina off of stale-dated checks from City Court restitution account. Der
list attached to memo from Assistant Finance Director Biekert dated June
9. in the total amount of $636.79
Authorize writina off of stale-dated checks from City Court aDDearance bond
account. Der list attached to memo from Assistant Finance Director Biekert
dated June 9. in the total amount of $3.043.40
Authorize Acting City Manaaer to sian - Agreement with Montana Historic
. Preservation Office for $5.000 grant for oDeration of City's Historic
Preservation Office
Authorize Acting City Manager to sign - Chanae Order No.3 for Bozeman Senior
Social Center EXDansion - Rotherham CooDer. Inc. - subtract $6.262 and 0
calendar days
Authorize Acting City Manager to sign - Contract between City and Montana
DeDartment of TransDortation for $30 .000 traffic
safety arant for
acauisition of seven laDtoD computers to enhance Bozeman traffic records;
contingent UDon receiDt of corrected contract
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner
. Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Recess - 3:38 D.m.
Mayor Stueck declared a recess at 3:58 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
06-16-97
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Reconvene - 7:00 p.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - CQA with deviation from Section 18.50.050.F.1. Bozeman Municipal Code.
. to allow new single-car garage to encroach 7 feet into reauired 10-foot rear yard setback on
Lots 25 and 26. Block 44. Imes Addition - Debra V. Naccarto. 626 North Bozeman Avenue
This was the time and place set for the public hearing on the Certificate of
Appropriateness with deviation from Section 18.50.050.F.1 of the Bozeman Municipal Code,
as requested by Debra V. Naccarto, under Application No. Z-9771, to allow a new single-car
garage to encroach 6 feet into the required 10-foot rear yard setback on Lots 25 and 26, Block
44, Imes Addition. The subject property is more commonly known as 626 North Bozeman
Avenue, and is located on the southeast quadrant of the intersection of North Bozeman Avenue
and East Cottonwood Street.
Mayor Stueck opened the public hearing.
Associate Planner Dean Patterson presented the staff report. He stated that under this
. application, an existing garage and a small shed are to be demolished and a new single-car
garage constructed on the same footprint as the existing garage with the exception of the
south wall, which will extend beyond the existing south wall location. He noted that the
architectural elements of the new garage are designed to match the existing house. Also, a
dog kennel, constructed with a chain link fence, is proposed to extend from the south wall of
the new garage to the south property line. The Associate Planner stated that, since the
existing garage is located only four feet from the property line, a deviation is needed to allow
the construction of the new garage as proposed.
The Associate Planner stated that staff has reviewed this application, and its
comprehensive findings are contained in the written staff report. He summarized those
findings, noting that this request will reduce the existing non-conformity. Also, the new garage
. . style is generally complementary to the existing house and should enhance the site, particularly
with the conditions recommended, to ensure that the eaves and window style more closely
resemble those on the house.
Associate Planner Patterson stated that, under a previously-approved Certificate of
Appropriateness, a fence was installed; and that four-foot-high fence violates the sight triangle
06-16-97
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provisions in the zone code, which allows a maximum height of thirty inches in the sight
triangle. He stressed that this is not the applicant's fault; it was an oversight during staff
review of the application. He stated, however, that staff recommends the fence be modified
to eliminate this violation, either through lowering the portion of the fence within the sight
triangle or by relocating the fence so it lies outside the sight triangle.
. Ms. Debra Naccarto, applicant, stated she is attempting to enhance the property as well
as the neighborhood. She expressed her frustration about the possible requirement to lower
or relocate the fence, particularly since she went through the approval process. She stated that
the fence is a picket fence, and she does not believe the four-foot height is an obstruction. She
stated that, since the fence is used to contain a dog, lowering it to thirty inches in the sight
triangle is not an option; and she feels that setting the fence on a diagonal along the edge of
the sight triangle results in an awkward appearance.
Responding to Commissioner Stiff, Associate Planner Dean Patterson stated that, since
a Certificate of Appropriateness application for a fence is reviewed only by the Planning staff
and is not subject to review by the Building Inspection staff or Engineering staff, oversights
. may occur. He recognized that, while that application was approved, the resulting fence still
constitutes a zoning violation that must be addressed.
Responding to questions from Mayor Stueck, the Associate Planner stated that the sight
triangle is measured from the intersection of the two curbs, and it extends thirty feet back from
that point.
Responding to questions from Commissioner Stueck, City Attorney Luwe stated that the
fence must be brought into compliance, noting that the City is already in litigation for failure
to enforce a sight triangle.
Commissioner Rudberg characterized failure to enforce the code requirements as being
potentially dangerous to both the property owner and the City, particularly if an accident were
to occur because of the fence being located in the sight triangle.
. Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Certificate of Appropriateness with
deviation from Section
18.50.050.F.1 of the Bozeman Municipal Code, as requested by Debra V. Naccarto, under
Application No. Z-9771, to allow a new single-car garage to encroach 6 feet into the required
06-16-97
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10-foot rear yard setback on Lots 25 and 26, Block 44, Imes Addition, subject to the following
conditions:
1. The eaves of the proposed garage shall match the eave characteristics of
the existing house.
2. The windows of the proposed garage shall be compatible with the character
found in the upper sash of the double-hung windows of the existing house.
. Window grilles used to mimic the multi-paned look shall not be used unless
reviewed and approved by the Planning Office.
3. The existing fence shall be connected to the new garage similarly to the
existing situation. The existing fence and any portion of fence needing
replacement as a result of the new construction shall be treated to protect
the fence from weathering. The code violation resulting from the location
and height of the existing fence shall be addressed, either through lowering
of the fence within the sight triangle or through relocation of the fence.
4. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor
. Stueck; those voting No, none.
Public hearing - COA with deviation from Section 18.18.050, Bozeman Municipal Code. to
allow 15'9" by 13'6" storage shed to encroach 3 feet into reauired 8-foot side yard and 6 feet
into reauired 10-foot rear yard setback on Lots 3 and 4 and the north % of Lot 5. Block 2.
Butte Addition - Tim and Kathy Marcinko. 807 South Tracy Avenue (Z-9767)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviation from Section 18.18.050 of the Bozeman Municipal Code, as requested by Tim
and Kathy Marcinko, under Application No. Z-9767, to allow a 15-foot-9-inch by 13-foot-6-inch
storage shed to encroach 3 feet into the required 8-foot side yard setback and 6 feet into the
required 10-foot rear yard setback on Lots 3 and 4, and the north half of Lot 5, Block 2, Butte
Addition. The subject property is more commonly located at 807 South Tracy Avenue.
. Mayor Stueck opened the public hearing.
Historic Preservation Officer Derek Strahn presented the staff report. He noted that the
subject property is located in the neighborhood conservation overlay district adjacent to the
South Tracy Historic District. He noted that the applicant proposes to construct a new storage
shed which encroaches into both the side and the rear yard setbacks. He stated that the new
06-16-97
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shed will generally complement the architectural character and detailing of the existing
residence. He stated that the location of the proposed shed is typical for single-car garages in
this area, and will help to preserve the existing rear yard space on the site.
The Historic Preservation Planner stated that the Administrative Design Review staff
reviewed this application and the staff report, in which this application was evaluated in light
. of the criteria established in the zone code. He noted that, following that review, the ADR
concurred in the recommendation for approval, subject to the two boilerplate conditions.
The Historic Preservation Planner stated that today, the applicant submitted a modified
proposal for consideration. He noted that under this modified plan, the height of the proposed
building is 1 Y2 feet taller than the original proposal, which allows the addition of a window in
the end of the building. He stated that a brief review of this new plan suggests that it will not
negatively impact the character of the neighborhood or the property.
Mr. Tim Marcinko, applicant, stated he feels the new design improves the appearance
of the building and allows for an enhanced window design as well as more usable space. He
distributed copies of the new design to the Commission and asked them to consider this new
. set of drawings in its deliberations. He noted that the increased height of 18 feet 8 inches is
lower than the 21-foot height of the existing house.
No one was present to speak in opposition to the requested deviations.
Responding to Commissioner Frost, City Attorney Luwe cautioned that the height of this
structure, as proposed under the new drawing, affects the notice provisions for this public
hearing and may affect the neighborhood because of the increased mass encroaching into the
setbacks. He cautioned that approval of the new drawing would be contrary to the public
notice. He further noted that, since the application includes a deviation, the final decision must
be made by the Commission, so referring it back to staff for review and approval is not an
option.
Acting City Manager Brey cautioned that, depending upon how close to the property lines
. this structure is to be located, openings in the walls may not be allowed under the building
codes.
Following a brief discussion, the Commissioners concurred it would be appropriate to
only consider the original application at this time. They determined, however, that if the
06-16-97
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applicant wishes consideration for the revised drawing, only the cost of readvertising be
charged since a majority of the review has been completed.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the Certificate of Appropriateness with deviation from Section 18.18.050
. of the Bozeman Municipal Code, as requested by Tim and Kathy Marcinko, under Application
No. Z-9767, to allow a 15-foot-9-inch by 13-foot-6-inch storage shed to encroach 3 feet into
the required 8-foot side yard setback and 6 feet into the required 10-foot rear yard setback on
Lots 3 and 4, and the north half of Lot 5, Block 2, Butte Addition, subject to the following
conditions:
1. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval,
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Zoning Ordinance.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
Public hearina - COA with deviations from Sections 18.24.050 & 18.50.070, to allow front
Dorch to encroach into front yard setback, DroDosed covered Darkina area to encroach into side
and rear yard setbacks, and fence to exceed 4 feet in front yard setback on north 15 feet of
Lot 18, Lots 19 and 20, Block H, Alderson's Addition - Dan & Vicki Shyne, 302 South Grand
Avenue (Z-9760)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations from Sections 18.24.050 and 18.50.070, as requested by Dan and Vicki
Shyne, under Application No. 2-9760, to allow a front porch to encroach into the front yard
setback, a proposed covered parking area to encroach into the side yard and rear yard
. setbacks, and a fence to exceed 4 feet into the front yard setback on the north 15 feet of Lot
18, Lots 19 and 20, Block H, Alderson's Addition. The subject property is more commonly
located at 302 South Grand Avenue.
Mayor Stueck opened the public hearing.
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~ 22 -
Historic Preservation Officer Derek Strahn presented the staff report. He stated that
under this application, a new traditional front porch is to be constructed, a second story dormer
is to be enlarged, a six-foot-high fence is to be installed around the front yard, and a 24-foot
by 24-foot covered parking area is to be constructed in the rear yard. He noted that a paved
"
driveway, a two-car garage and a parking pad currently exist on the site. Under this
. application, the parking pad is to be covered, and staff is concerned that this covering will draw
attention to a rear yard area that is already bordering on an overcrowded appearance.
The Historic Preservation Planner stated that staff cannot support all of the requested
deviations. He noted that the proposed front porch will substantially enhance the character of
the property. He also noted that porches in the area quite commonly extend into the front yard
the same distance as this new porch is proposed to extend. He stated that staff supports the
installation of the fence, but suggests that the height be lowered in the front yard, possibly to
five feet instead of the six feet proposed because of the concern that it might appear to be like
a wall.
The Historic Preservation Planner stated that staff cannot support the proposal to cover
. the parking area. He noted that a 31-foot by 24-foot two-car garage exists on the site as well
as a 20-foot by 24-foot drive on one side of the garage and a 24-foot by 24~foot parking pad
on the other side of the garage, and staff feels that the covering of the parking pad will call
attention to what might be considered an excessive amount of parking on the site. He stressed
the importance of considering the historic character of both the site and the surrounding area,
stating that a covered parking area does not fit with the neighborhood.
Historic Preservation Planner Strahn stated that the subject property seems to be very
well preserved except for the nonconforming enclosed vestibule, which will be replaced with
the proposed new porch. He noted that the staff is forwarding a recommendation for approval
of the porch and the fence, subject to three conditions.
Mr. Dan Shyne, applicant, stated he has letters of support from the neighbors for this
. project. He noted that the proposed front porch will be similar in style and amount of
encroachment to other porches in the immediate area. He indicated that the existing dormer
on the south side of the house is to be enlarged by four feet under this application. He
forwarded a willingness to lower the proposed fence in the front yard, to either four or five feet
06-16-97
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in height, noting that the original request was based on the assumption that a six-foot-high
fence was allowed in the front yard.
Mr. Shyne stated that three years ago, he spent "hundreds of hours" building the garage,
which was designed with gable ends and trim work to match the house. He noted that, since
today's building materials are significantly different from those used in the original construction,
. matching the house became a real challenge. He stated that the proposed covering for the
parking area would be similar in design and trim to the house and the garage, although the pitch
of the roof would be approximately one-half the pitch of the other roofs.
Mr. Shyne stated that the neighbors across the alley have five or six large pine trees
which shield their view of his property, while the neighbors to the south have a two-story
house similar to his. He noted that with the configuration of the buildings in the immediate
area and the winds that whirl around as a result, snow piles up on the existing parking pad,
making it difficult to use. He stated that covering of the parking area would ensure its
usefulness during those winter months.
Responding to Commissioner Rudberg, Historic Preservation Planner Strahn stated that
. staff supports the proposed expansion of the dormer.
Responding to Mayor Stueck, Mr. Shyne stated that four separate drawings were
prepared for the proposed covered parking area, and he is uncertain about how many of those
drawings were forwarded with the packet information. He stated that he wants a covered
parking area so it can be used in the winter, stressing that it does not need to be enclosed.
He noted that, with people from the downtown area and the Emerson Cultural Center parking
on the street around their house, the on-site parking is important to them.
The Historic Preservation Planner noted that the different drawings submitted include the
possibility of a wall on one end, a partial wall and an open carport type of structure. He then
cautioned that, given the location of the parking pad immediately adjacent to the alley and the
14-foot width of the alley, adding walls could dramatically reduce the potential of using the
. parking pad for the parking of two vehicles unless they are small cars.
Responding to questions from Mr. Shyne, the Historic Preservation Planner confirmed
that one of staff's concerns is the visual impact of the proposed covered parking area. He
noted that the covered area, when coupled with the existing garage, may give the appearance
of a very large structure on the rear of the lot that would be incompatible with its surroundings.
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He noted that the current configuration allows for additional parking at the rear of the lot
without interfering with the character of the site or the neighborhood. He then stated that staff
worked with the applicant in an effort to find an alternative that would meet his needs that
could be supported by staff, but they were unable to reach such a compromise.
Responding to Commissioner Frost, the Historic Preservation Planner stated that a roof
. will call attention to the parking area, although its impact will not be as dramatic if the area
remains open instead of a wall being constructed in conjunction with the roof. He noted that
the current configuration at the rear of the lot provides for parking across the entire width of
the lot. He suggested that if the parking pad were not covered, it might be easier to convert
it back into yard at some time in the future.
Mayor Stueck stated that if a carport type roof were allowed with no walls, so the
structure is completely open, he feels the result would not have a negative impact on the
neighborhood.
Commissioner Rudberg stated that, since the proposed parking area is in the rear of the
lot and since the letters from the neighbors reflect that they have no problem with it, she can
. support this request.
Commissioner Frost stated that if the proposed parking structure is kept open, he can
support it.
Commissioner Stiff stated he has no problem with a roof and an open structure,
however, he cannot support the proposed plans which include walls. He then asked if an open
structure will adequately keep the snow off the parking pad.
Mr. Shyne responded by estimating that 80 percent of the snow will be kept off the
parking pad with an open structure and roof, which will allow for use of this area during the
winter.
Commissioner Frost forwarded his interest in seeing the fence lowered in the front yard.
He then forwarded his support for the proposed porch, noting it will be a great addition to the
. site and the area.
Mrs. Vicki Shyne, applicant, stated she is willing to consider a four-foot or five-foot high
fence in the front yard setback. She forwarded her interest in retaining the six-foot height in
the back yard to provide for privacy in that area.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
06-16-97
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Certificate of Appropriateness with deviations from Sections
18.24.050 and 18.50.070, as requested by Dan and Vicki Shyne, under Application No.
Z-9760, to allow a front porch to encroach into the front yard setback, a proposed covered
parking area to encroach into the side yard and rear yard setbacks, and a fence to exceed 4
. feet into the front yard setback on the north 15 feet of Lot 18, Lots 19 and 20, Block H,
Alderson's Addition, subject to the following conditions:
1. The roof structure over the 24-foot by 24-foot concrete parking pad at the
rear of the lot shall be architecturally compatible with the existing house and
garage, and shall be constructed in an open carport type manner with no
supporting walls.
2. The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications to the
submitted and approved drawings shall invalidate the project's approval,
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor
Stueck; those voting No, none.
Public hearina - Variance from Table 18.65.050.C.. to allow installation of a third freestandina
sign on Tracts 3A-3. 38-1. 38-2 of Subdivision No. 28, Tract 4 of Subdivision Plat No. 28. and
Tract A of Tract 2. COS No. 309. located in the SE'/4. Section 12. T2S. R5E. MPM - First
Security Bank. 670 South 19th Avenue (C-9712)
This was the time and place set for the public hearing on a variance from Table
18.65.050.C. of the Bozeman Municipal Code, as requested by First Security Bank under
Application No. C-9712, to allow the installation of a third freestanding sign on Tracts 3A-3,
3B-1, 38-2 of Subdivision No. 28, Tract 4 of Subdivision Plat No. 28, and Tract A of Tract 2,
COS No. 309, located in the Southeast quarter, Section 12, Township 2 South, Range 5 East,
. Montana Principal Meridian. The subject property is more commonly located at 670 South 19th
Avenue.
Mayor Stueck opened the public hearing.
Project Planner Christopher Williams presented the staff report. He stated that under this
proposal, the applicant proposes to construct a 28-square-foot, low-profile, freestanding sign
06-16-97
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along the South 19th Avenue frontage. He noted the sign is 4 % feet high and is to be set back
either 15 feet or 80 feet from the road, depending on which proposed sign site is selected. He
stated that the building on the site is located approximately 130 feet from the street.
The Project Planner stated that there are currently two freestanding signs on the site,
each of which is 10% square feet in size. Those signs are located at the South 19th Avenue
. and the West Dickerson Street entrances to the site and were grandfathered under the 1993
code. He noted that, under the sign code, only one freestanding sign is allowed per site. In
this instance, there are two entrances to the site, and there is no signage on the structure. He
stated that customers are requesting additional signage so the buiness location can be more
easily identified.
Project Planner Williams stated that staff has reviewed this application in light of the
three criteria for consideration of variances, as established by the Montana Supreme Court, and
the comprehensive staff findings are contained in the written staff report. He stated that, due
to the "L" shape of the lot, the two existing signs cannot be visible at the same time. He noted
that if the third freestanding sign is installed, the two signs along South 19th Avenue will be
. visible at the same time, and suggested that either the existing sign should be removed or
converted to an incidental sign. He noted that retaining at least two of the signs is important
because of the interrupted street frontages and the need to identify the site on each of those
frontages. He concluded by forwarding staff's recommendation for approval, subject to one
condition.
Mr. Jerry Taylor, architect representing the applicant, stated that one of the major
complaints they have received about the site is that it is difficult to recognize. He stated that
the proposed single-face sign is to be located 80 feet from the South 19th Avenue street
frontage and will help to identify the business. He noted that the building is located 130 feet
from the property line, but that is necessary to ensure adequate stacking space for the drive-
through facility. He asked that since the new sign is to be located 80 feet from the property
. line, the existing sign at the entrance be allowed to remain.
Project Planner Williams stated that, since the new sign is to be located 80 feet from the
street frontage, staff supports the request to allow the existing sign to remain.
No one was present to speak in opposition to the requested variance.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
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It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the variance from Table 18.65.050.C. of the Bozeman Municipal
Code, as requested by First Security Bank under Application No. C-9712, to allow the
installation of a third freestanding sign on Tracts 3A-3, 3B-1, 3B-2 of Subdivision No. 28, Tract
4 of Subdivision Plat No. 28, and Tract A of Tract 2, cas No. 309, located in the Southeast
. quarter, Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, subject to
the following condition:
1. The new sign shall be located in what has been identified as the "alternate
location" on the site plan submitted with this application, which is
approximately 80 feet from South 19th Avenue.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor
Stueck; those voting No, none.
Public hearina - Commission Resolution No. 3182 - intent to vacate 16-foot bv 150-foot strip
of North Ida Avenue adiacent to Block 1. Rouse's First Addition (from East Lamme Street south
to allev)
. This was the time and place set for the public hearing on Commission Resolution No.
3182, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3182
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO
VACATE AND ABANDON THAT 16-FOOT-WIDE BY 150-FOOT-LONG PORTION
OF NORTH IDA A VENUE LYING BETWEEN LOT 15, BLOCK I, ROUSE'S
ADDITION, AND LOT 1, BLOCK 32, NORTHERN PACIFIC ADDITION, AND MORE
PARTICULARLY LYING BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF EAST
LAMME STREET AND THE NORTH RIGHT-OF-WAY LINE OF THE EAST/WEST
ALLEY TO THE SOUTH IN THE CITY OF BOZEMAN, MONTANA.
Mayor Stueck opened the public hearing.
Acting City Manager Brey stated that under this request, a 16-foot by 150-foot portion
of North Ida Avenue, lying between East Lamme Street and the alley to the south is to be
. vacated. He noted that, included in the Commissioners' packets, was a memo from
Engineering Assistant Andy Kerr, dated May 6, forwarding staff's recommendation for approval
of this requested vacation. He further noted that this street was closed through the adoption
of Commission Resolution No. 1825 on September 22, 1976.
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Responding to Mayor Stueck, the Acting City Manager stated that vacation of the street
will result in the right-of-way being divided on the centerline and reverting to private ownership.
He recognized that the street has been closed under Commission Resolution No. 1825, but that
right-of-way has remained in public ownership.
Mrs. Sharon Townsend, 702 East Lamme Street, stated she has resided at that address
. since 1970 and was the one who requested the street closure under Commission Resolution
No. 1825. She noted that at that time, she had two small children, and traffic sped through
on North Ida Avenue. She then asked how the alley right-of-way will be divided, noting that
at the present time, it is divided crosswise with one property owner using the north half and
the other property owner using the south half.
Responding to Mayor Stueck, City Attorney Luwe stated that, by law, the vacated right-
of-way must be divided on the centerline, with each abutting property owner receiving the half
adjacent to his property. He noted that if a different configuration is desired by the property
owners, they must address that issue in an action separate from this street vacation, and
stressed that the City would not be involved in that transaction.
. No one was present to speak in opposition to the requested street vacation.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the request to vacate the 16-foot by 1 50-foot right-of-way for North Ida
Avenue lying between East Lamme Street and the alley to the south, and authorize and direct
staff to bring back an ordinance vacating the right-of-way. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff,
Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
Selection of new City Manaaer
Following a brief discussion about process, the Commissioners, in turn, forwarded their
comments on the candidates.
. Responding to Commissioner Youngman, Mayor Stueck stated he did not go to Pocatello
due to scheduling conflicts.
Mayor Stueck recapped what he characterized as a long process, beginning with 129
applications and an arduous effort to work through winnowing that number down. He stated
that both candidates interviewed would do an excellent job of managing the City. He then
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indicated that he has "flip flopped" between candidates throughout the process, noting that
the third finalist, Mr. Reid, was his leading candidate on paper going into the interview process.
He stressed that, all of the way through process, he has looked for person with private sector
experience, not just "a municipal bureaucratic background, indoctrinated in a set way of doing
things" . He noted that he was looking for someone who met the educational qualifications,
. and who met his personal qualifications for personality and people skills, as well as wanting to
lead Bozeman into the future.
Mayor Stueck stated he was a little concerned when Mr. Angstadt said he is interviewing
for several more positions, particularly since, under the City's current pay schedule, we might
not be able to compete with private sector jobs. He noted that his anticipated trip to Pocatello
was for the purpose of finding out how sincere and interested Mr. Angstadt was and where he
planned to lead Bozeman. He said there are no real negatives for either candidate, noting that
during his review of the evaluations, he paid less attention to those that were not signed than
to those that were signed, stating that "people tend to play games if they don't have to sign".
He recognized that Peter Angstadt was probably the staff's choice because of experience. He
. acknowledged that staff is concerned about Clark Johnson's lack of experience in municipal
arena, but he feels that is overridden by practical experience in diverse areas, including banking,
Assistant Justice of the Peace and farming. He was also impressed with the letters of
recommendation that accompanied the resume. He concluded by stating his support for Clark
Johnson.
Commissioner Rudberg stated she has been seeking private sector experience from the
beginning, and both applicants interviewed had it. She noted that Peter Angstadt has
successfully converted that experience to government, and she sees no reason why Clark
Johnson can't do the same. She expressed concern that Mr. Angstadt would use Bozeman as
a stepping stone in his career, and she does not want to go through this process again any time
soon. She also expressed concern that Mr. Angstadt is the top elected official in Pocatello, and
. she is not sure he could successfully
"take policy directions from five part-time
Commissioners" . She then stated that she admires Mr. Johnson's integrity, the fact that he
is a native Montanan, and that he lives here. She concluded by stating her support for Clark
Johnson.
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Commissioner Youngman stated the only way to hire Clark is to ignore the criteria that
were established and approved by the Commission, which she characterized as good,
professional criteria. She stated that in, each and everyone of the categories Peter Angstadt
clearly has edge over Clark Johnson, with the exception of computer, where they are equal and
both have good experience. She noted that, while both have financial management and
. budgeting experience, Mr. Angstadt has managed larger and more complex organizations and
more complex budgets and he has had ultimate oversight over those budgets. She noted that,
under supervision, Peter Angstadt has had ultimate responsibility for over 400 employees while
Clark Johnson has been directly responsible for 3 employees and perhaps partial responsibility
for 23 employees. She expressed concern about this lack of experience, particularly when
coupled with no experience in government.
Commissioner Youngman stated that, during the interviews, she found Mr. Johnson's
answers much less precise and more theoretical, showing his lack of experience in either the
private or public sector. She stressed that, with private experience, the answers may have
been different but just as precise as Mr. Angstadt's responses. She also noted that precise
. answers were also lacking in the areas of personnel, labor management, working relationships
and growth.
Commissioner Youngman noted that in education, Mr. Angstadt once again surfaces on
top, with his two Masters degrees and Clark Johnson yet to receive a Masters. As far as
capital improvements programs, Peter Angstadt has an overwhelming edge, since he has been
directly involved in a complex programming process while Clark Johnson has been directly
involved only in planning for a fire department. She stressed that the City Manager must be
able to understand and oversee the capital program and, in light of the challenges facing the
City, experience in this arena is critical. She turned her attention to the issues of personnel and
labor management, stating that Mr. Johnson has given no indication of any firing experience
and not much hiring experience and, once again, Mr. Angstadt clearly has the edge. Under
. working relationships, she noted that both have worked with a variety of people, and Mr.
Angstadt's information revealed that he can get people of diverse interests and different
political parties to pull together, which would be an extremely valuable skill for Bozeman. She
noted that Clark Johnson has good people skills but has not been "seasoned in the fires of
working with people and pulling them together". She also characterized Mr. Angstadt's
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response to the question on conflict resolution as being much better than Mr. Johnson's, and
reflective of his experience. She also noted that Mr. Angstadt has experience in the arenas of
affordable housing and economic development, both of which would be very beneficial to
Bozeman.
Commissioner Youngman stated that both candidates are of high character, and are
. sincere and honest. She noted that both are also well liked and well respected by wide variety
of people. She noted, however, that Mr. Angstadt is more widely supported in the comments
from both the public and from staff, with every department head responding in support of Mr.
Angstadt. She stated that she took the comments in the evaluation forms very seriously,
noting they were thoughtful, specific, helpful, friendly, and not reactive. She expressed
concern that three of the evaluation forms, at least one of which was prepared by a man,
pertained to how staff saw that Mr. Johnson would work with women, based on his contact
with them. She also expressed concern that he does not seem to realize how much direct
responsibility he will have for hiring and firing.
Commissioner Youngman forwarded concerns about the incredibly stiff learning curve
. that will be incurred with Mr. Johnson, noting that staff is already overworked. She noted that
anybody will need a settling in period to learn about the new community and the job; however,
she stressed the importance of getting "somebody who can hit ground running", and Mr.
Angstadt would be able to do that.
Commissioner Youngman stated she likes both people but, for this position, she feels Mr.
Angstadt has the better qualifications and is the better choice. She noted that those public
comments in Mr. Johnson's favor revolve around the fact that he is local; the comments for
Mr. Angstadt revolve around the fact that he has the qualifications and the edge. She stated
that, while it is nice and wonderful to hire from the community, that wasn't on list of criteria
and, therefore, the Commission cannot express that preference now. Commissioner Youngman
concluded by forwarding her support for Mr. Angstadt.
. Commissioner Frost stated that, throughout the process, he has looked for the best
person to lead Bozeman, stating the community "deserves the best we can give them". He
noted that the criteria established for review of the applications was appropriate. He stated
that in his review, Mr. Johnson did not meet the minimum qualifications, as established in
those criteria; however, he was included in the process by a majority of Commission. As a
06-16-97
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result, he went back through Mr. Johnson's resume and tried to find what the other three
Commissioners had found, but was unable to find any information to support their position in
the 40 pages he reviewed.
Commissioner Frost recognized that both men are nice people; however, he noted one
wrote a resume from which a Commissioner could easily identify the jobs he has held and his
. experiences with million dollar budgets and capital improvements programs, while the other one
wrote a resume from which he could not ferret out how many employees he supervised or what
his budgeting and capital improvement experience might be. The Commissioner stated that Mr.
Angstadt's qualifications and experience are definitely superior to Mr. Johnson's, and it would
be of benefit to have Mr. Angstadt guide the community into the future. He stated this job is
too tough to "learn from the ground up", suggesting that after beginning in a smaller
community, Mr. Johnson may then be ready to move upward. He acknowledged that, in a few
years, Mr. Johnson may, indeed, to be a good City Manager; but this is not the place to start.
Commissioner Frost noted that, according to the person for whom Mr. Johnson served
as Assistant Justice of the Peace, Mr. Johnson averaged approximately 10 hours per week in
. that position and, over the period of time he held the position, that adds up to 20 full time
weeks. He noted that Mr. Johnson used this experience to answer three of the interview
questions. He stated that it was obvious during the process, particularly when talking about
minimum qualifications, that Mr. Johnson would be in this round of consideration. He
concluded by stating, however, that he cannot support Mr. Johnson, but he does support Mr.
Angstadt.
Commissioner Stiff recognized that the process got complicated. He stated his concerns
about Peter Angstadt revolve around that fact that he is currently in a policy making/
administrative position, and he does not believe Mr. Angstadt could adapt to this form of
government. He also expressed concern about the fact that Mr. Angstadt has other
applications out, in education, municipal government and the private sector, which he construes
. as a lack of focus. He concurred with the Mayor that the City cannot compete with the private
sector from the dollar standpoint. He characterized Clark Johnson as being more focused,
noting he has "educated himself to be City Manager". He stressed that Mr. Johnson lives in
Bozeman and has diversified experience. He stated that early in the process, he made it
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perfectly clear that he didn't want a process that would eliminate well-qualified people from the
private sector.
Commissioner Stiff characterized Clark Johnson as intelligent, with a good work ethic
and knowing that he "has his work cut out for him". He stressed that the City has a
tremendous staff, and his support of Mr. Johnson is "a vote of confidence for a good staff",
. including an experienced Assistant City Manager. He stated that he has talked to three staff
members crucial to the process on an individual basis, and they have indicated that they can
work with Mr. Johnson. He also noted that the Commission will be working with him and
evaluating him closely as he assumes his new duties.
Mayor Stueck responded to Commissioner Frost's comments, stating that he feels Mr.
Johnson's background as a coach and a teacher will be very beneficial in his position as a City
Manager since, in those positions, it is important to know how to get the most out of people
and how to foster teamwork. He then cited Bill Martel as an example of a successful
businessman who does not have a college education, and compared Mr. Johnson to that type
of individual. He characterized Mr. Johnson as having a good work ethic, good people skills
. and an overall knowledge of how to do a number of things.
Mayor Stueck noted that many of the City's current staff have worked under no other
City Manager than Jim Wysocki, therefore, apprehension about a new City Manager is natural.
He also stressed that, if it were not for Assistant City Manager Brey, City Attorney Luwe,
Administrative Services Director Gamradt, Director of Public Service Forbes and the other lead
people in whom the Commission has confidence, his vote would probably be different. He
stated, however, that with the strong staff in place, and since municipal experience is not his
highest priority, he feels Mr. Johnson can fill the position of City Manager well. He noted that
Mr. Johnson should be successful in "rallying the troops and staff around" him, and he seems
to have the needed people skills and expertise to deal with public. He then concluded by
stating that, while both candidates are well qualified and would do a wonderful job, Mr.
. Johnson is sincere and honest and cares about Bozeman.
Commissioner Frost stated he feels that Mr. Bill Martel would be qualified to serve as City
Manager, since he has experience in dealing with major items such as money and personnel.
He stated, however, that he is also concerned about ability to communicate, noting that Mr.
Angstadt answered questions directly and clearly, and his resume was written clearly and
06-16-97
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simply. He noted that the Commission asked additional questions for the finalists, and Mr.
Johnson answered those questions in 2 pages, and then answered them again in another 22
pages, and many of those answers were different. He characterized those responses as
"reading like a poor textbook", stating that he "wanted footnotes or explanations of what was
being said".
. Commissioner Frost stated he feels that staff "has its hands full without becoming
mentors to a learning City Manager", and he is not sure where they will find the time. He
noted that the comments forwarded by staff were not signed, however, he knew that they
were written by professionals. He recognized that during this selection process, three of the
Commissioners liked Mr. Johnson and, because of that, he tried to find what the others had
found. He noted that staff's comments served to confirm his thoughts and concerns. He then
stated that he has faith in City staff as professionals and feels it is important to provide support
for them. He stressed that, for him, this candidate doesn't fit into the position, particularly
since his decision must be based on qualifications and experience.
Commissioner Rudberg characterized John Lawton, City Manager in Great Falls, as one
. of the most popular City Managers today, and he began as a Director of Finance. She stated
that, in addition to having no experience as a City Manager when he accepted that position,
he was hired on a 3-2 vote and had to overcome "an incredible amount of controversy". She
stressed that one cannot just consider what is written on paper when going through the hiring
process. She then stated that she is looking toward the future and feels that Mr. Johnson is
the best choice.
Commissioner Youngman stated she feels that selecting Mr. Johnson is asking a lot of
staff. She also noted that Mr. Johnson is starting with a polarized community and a staff that
supported Mr. Angstadt rather than him in their written evaluations of the two candidates.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the
commission appoint Clark V. Johnson as City Manager, subject to successful negotiation and
. execution of an employment agreement covering compensation and other details and conditions
of employment. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No being
Commissioner Youngman and Commissioner Frost.
Mayor Stueck requested that the Commission reach a unanimous decision if possible.
06-16-97
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Commissioner Youngman said she cannot do it. She stated a willingness to work with
the new City Manager but indicated she cannot vote for him in good conscience.
Commissioner Frost stated concurrence with Commissioner Youngman's comments.
Mayor Stueck stated that when former City Manager Wysocki was hired, the Mayor and
Mayor Pro Tempore negotiated the contract with him. He asked if the Commission wishes to
. follow that same process this time; the Commission concurred, recognizing that the
Commission as a whole must consider and approve the document.
Adjournment - 9:04 c.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Stueck; those voting No, none.
. ( Q ;f~~
DON E. STUECK, Mayor
ATTEST:
(i~.siu~
Clerk of the Commission
.
06-16~97